EXECUTIVE
SUMMARYThe Clean Air Council received comments from the
public on improving New Jersey's air quality through both societal
and technological innovations. Testimony centered largely on
mobile sources and included suggestions for increased mass transit,
traffic control, "smart growth," diesel improvements
as well as adoption of the LEV II (Low Emission Vehicle) program.
Testimony also supported green buildings, telecommuting opportunities
and expediting Title V Permits. The Council's deliberations
reached consensus on all of these issues with the exception
of the LEV II program. The Council concluded that at this time
full adoption of the LEV II program in New Jersey would be too
expensive and too complex. However, the Council recommends that
New Jersey endorse some available innovations derived from the
California program.Return to top of page

SOCIETAL RECOMMENDATIONS
1. Because New Jersey's burgeoning growth impacts air quality,
the Council
recommends that the State's Municipal Land Use Law be strengthened
and the State Development and Redevelopment Plan be promoted
to more tightly control New Jersey's land-use planning. A different
land development pattern, one that considers mixed use, can
significantly change travel behavior. The Council recognizes
the complexity of societal issues in New Jersey and urges continued
in-depth analysis by the Department and the Administration and
the Legislature with opportunities for informed contribution
by county and local governments and by citizens so that the
State may continue to more forward in this area.

2. The Council recommends that the State actively pursue the
"Smart Growth"
portion of the State Plan in order to reduce the increasing
VMT (Vehicle Miles Traveled) statewide, recognizing that significant
improvements in public transportation infrastructure will be
required to meet this goal. Offering incentives for bike paths
and walkways throughout the state will also reduce VMT.

3. The Council recognizes the air quality impact of ever increasing
traffic
congestion and recommends that the State promotes and advocates
ride-sharing programs, telecommuting opportunities, and increased
park & ride options, utilizing CMAQ (Congestion Mitigation
& Air Quality) funding for these purposes.

4. Because improving the flow of traffic will decrease air pollution,
the
Council recommends that municipalities in conjunction with the
State and Counties improve the flow of traffic and lessen congestion
by taking the following steps: providing left- and right- turn
lanes at many intersections; reconstructing certain intersections
to eliminate confusion, jogs, and offsets which interfere with
signal timing and traffic flow; improving signal timing; converting
"isolated" signal installations from fixed timing
to actuated operation; putting signals on "flashing"
mode at night where traffic flows permit; synchronized, interconnected
signals favoring inbound or outbound traffic during rush hour,
the placement of "No Right Turn On Red" signs; synchronization
where appropriate during the day and other approaches, such
as bike paths, bus shelters, carpool / vanpool encouragement.
Municipalities in conjunction with the NJ DOT (Department of
Transportation) and the MPOs (Metropolitan Planning Organizations)
should revisit these issues especially in congested urban areas.

5. The Council recommends that the NJ DEP (Department of Environmental
Protection) and BPU (Board of Public Utilities) serve as catalysts
to bring together State Agencies such as NJ DOT, State Planning
and Education to more aggressively coordinate policy and program
priority recommendations offered in the CAC Hearing report.Return
to top of page

TECHNOLOGICAL
RECOMMENDATIONS
1. The Council has concluded that adoption of the California
LEV II program is not feasible at this time. Although the LEV
II program represents innovation, the Council is convinced that
many problems serve as barriers to the implementation of an
adopted program.

The LEV II program is very complex and still evolving. In order
to adopt, New Jersey would have to provide auto manufacturers
a two model-year lead time and in order to withdraw a two-year
transition again. Changing programs in any shorter time would
be in violation of federal law, and could provoke a lawsuit.

California has costly public outreach and has expended large
sums for the purchase and lease of ZEVs at all levels. In this
period of fiscal distress, New Jersey may not be able to undertake
this expensive program. The Council believes that present federal
Tier II standards, as they take effect in 2004, will show significant
air-quality improvements.

Finally, the Council is disturbed that New Jersey would be
completely subject to decisions made in California. Participation
in the LEV II program does not offer any flexibility of participation
in the decision process in California. The Council cannot recommend
participation in LEV II at this time.

Although the Council cannot recommend participation in the
LEV II program at this time, it does recommend that NJDEP focus
on the technological innovations already developed in the California
LEV II program. To a great extent, these new technologies have
doubled operating efficiency of advanced motor vehicles. The
Council further recommends that the State promote, through public
awareness, the purchase of Ultra Low Emission Vehicles (ULEV)
and cleaner vehicles, hybrid vehicles and fuel-efficient vehicles
by state, local governments and individuals. The Council recommends
that the State promote public awareness of the green vehicle-labeling
programs for motor vehicles in the State.

2. The Council recommends that the State begin to retrofit
its diesel fleet in order to reduce fine particulate emissions
and the use of biodiesel fuel to reduce such emissions. It may
not be cost effective to retrofit the entire State fleet but
retrofits should be undertaken when appropriate for the age
of the vehicle. These measures should also be extended to contractors'
vehicles and equipment on all state-funded construction projects,
and transportation service providers.

3. The Council recommends that the State support the US Green
Building
Council and the LEED (Leadership in Energy and Environmental
Design) rating system by adopting a policy that all new state
buildings must adhere to LEED and by providing financial incentives
for all new buildings in the State to adopt the LEED rating
system. Indoor air quality can be improved through building
design and specification.

4. The Council recommends that the Department aggressively
address the backlogged Title V Permit Program by assessing the
availability of resources, by investigating other successful
state programs and by considering third party certification
by licensed environmental professionals which can provide a
mechanism for streamlining the overall program. The Department,
in order to enhance effective clean air compliance, should consider
the use of private resources to augment existing public resources.

5. The Council recommends that the public policy of New Jersey
should be
to increase the utilization of public transportation to the
maximum extent possible. This policy should encourage more light
rail projects as well as programs that better coordinate and
connect existing public transportation systems. In addition,
increased ridership will justify more buses, more routes and
more frequent scheduling. Improvements in bus stop shelters,
clean and safe bus and train depots and continuing public relations
emphasizing the benefits of public transportation will all improve
mobility in New Jersey without compromising air quality. Alternative
fuels and/or motive power for buses will help reduce emissions.

6. The Council continues to support a statewide public awareness
and
education program with emphasis on the impact of automobiles
on air quality in general and air toxics in particular. This
program should continue to stress the importance of reducing
VMT, the advantage of the use of public transportation, the
benefit of the purchase and use of LEVs, ULEVs, SULEVs and ZEVs
(respectively, low, ultra-low, super ultra-low and zero-emission
vehicles), as well as the importance of good vehicle maintenance.

7. The Council commends the State for its use of renewable,
alternative energy
to replace polluting fossil fuels and encourages such programs
throughout the State.

8. The Council continues to support undiminished implementation
of
the enhanced I/M (inspection and maintenance) program for automobiles,
and expansion of the heavy-duty Diesel Vehicle Inspection Program.Return
to top of page

SCOPE
New Jersey is the most densely populated state and still growing.
It is also located in a region of dense population. Although
the State has worked consistently at complying with NAAQS (National
Ambient Air Quality Standards) since the passage of the Clean
Air Act in 1970 and has improved its air quality, it is still
out of compliance for ozone. Therefore, the State needs to develop
new strategies to meet recently enacted federal standards for
ozone and fine particulates. New Jersey also needs to reduce
air toxics.

Ground level ozone is formed when volatile organic compounds
(VOCs) and nitrogen oxides (NOx) react in the presence of sunlight.
With respect to VOCs and NOx, New Jersey has already achieved
approximately 95% of the reductions which would be required
to meet the one-hour ambient air standard for ozone. However,
the remaining 5% may prove to be difficult to achieve because
mobile sources are the main problem and are difficult to control.
Achieving adequate reduction on high ozone days will likely
require greater attention to short-term emissions sources and
may require specific control strategies.

Air toxics and fine particulates (PM 2.5) remain a public health
concern in New Jersey. Efforts to better understand the nature
and effects of these pollutants need to be continued.

This public hearing solicited advice from interested parties
on new ways in which New Jersey can meet clean air goals.Return
to top of page

BACKGROUND
Stationary and mobile sources of air pollution in New Jersey
have been the subject of legislation and regulation in order
to bring the State into compliance with the requirements of
the Clean Air Act Amendments (CAAA). The first Federal Clean
Air Act (1970) established the basis for achieving National
Ambient Air Quality Standards (NAAQS) in the United States.
Each state was directed to write a State Implementation Plan
(SIP) describing its strategy for attaining and maintaining
these federal standards. When an area does not meet the Clean
Air Act standards, it is "not in attainment" and New
Jersey is still not in attainment for ground level ozone.

New Jersey has long been in the forefront of programs aimed
at clean air. It was the first state to implement an inspection
and maintenance program for motor vehicles in February of 1974.
Emissions of VOCs during gasoline transfer operations are now
under strict control at marine terminals, refineries, gasoline
storage facilities and tanker trucks all the way to the gasoline
stations and the motor vehicle. Innovative and long-range solutions
to air quality problems is a continuing tradition in the State.

At the present time, the clean generation of energy and advanced
auto emissions control seem to offer the most beneficial path
to reach clean air goals. Although cars are cleaner than in
the past (vehicles built before 1981 emit 10 to 15 times as
much pollution as a new vehicle) the number of cars in New Jersey
increases yearly and the number of vehicle miles traveled (VMT)
continues to increase. Yearly gains in pollution control have
been countered by these yearly increases in VMT. Also, there
needs to be greater focus on short-term emissions from the generation
of energy during peak ozone periods.

The keynote speaker for this annual hearing was Dorothy Bowers,
Chairperson of NACEPT (National Advisory Council for Environmental
Policy and Technology). Her summary of NACEPT's current report
on "The Environmental Future" was a comprehensive
analysis directly related to this hearing's subject matter.
The very name of this group correctly emphasizes both policy,
which includes "societal" aspects of environmental
improvement and technology, which includes the "mechanical"
or "engineering" aspects.

Examples of the "societal" aspects would be "sustainability"
and the recognition that "Population Drives Environmental
Issues." In New Jersey "smart growth" considerations
as discussed by Commissioner Campbell and Mr. Rodriguez of the
Office of State Planning fall squarely in this category together
with the realization of the political, intellectual and practical
concerns associated with this topic.

Technology and engineering solutions have traditionally been
the mainstay of New Jersey's air pollution control program.
However, new approaches have been suggested at this hearing.
A majority of participants strongly urged the adoption of the
LEV II program for New Jersey. Other suggestions included the
use of alternative fuels, tax incentives for low emission vehicle
purchase and "smart growth" in state and local planning.

Even though New Jersey has more miles of highway per square
mile than any other state, over 60% of the State's interstate
system operates at or above capacity during peak use. Adoption
of the LEV II program and implementation of the State Plan were
central recommendations for improving New Jersey's air. Also,
the application of advanced science and technology can contribute
to reduced emissions and compliant air quality.Return
to top of page

ORAL TESTIMONY

Commissioner Bradley Campbell, NJ Depart.
of Environmental ProtectionThe current Governor has a vision for the improvement
of the environment in New Jersey. In the current budget crisis
this is the first time that funds for NJDEP have not been cut,
but increased. This Governor has increased corporate taxes to
insure stable funding for the environment.

The enormous challenge facing this administration is in the
area of clean air. All of New Jerseyans currently breathe unhealthy
air. The connection between dirty air and health has now been
proven with links not only to asthma, but also to pulmonary
diseases. Currently, the federal government is abdicating its
responsibility for clean air with President Bush's "Clear
Skies" proposal. It is really a "brown skies"
proposal for New Jersey. Dirty power plants, upwind of our state,
will increase our air quality problems.

We need to change the way we do business. The Title V backlog
of permits clearly demonstrates that we are not protecting the
health of our communities. The problems of "smart growth"
in New Jersey are critical. We need to redevelop older developed
areas (Brownfields) and improve the transportation infrastructure.
New Jersey was once a leader in environmental protection. We
need to reassume that role.

In terms of enforcement, we need outcome-based enforcement.
Public health benefits will come from smart enforcement. Less
time should be spent on the good actors and more time on non-compliant
industries. Enforcement innovations should include third party
certification of permits and a greater emphasis on the Gold
and Silver Track programs. Return to top of page

Dorothy Bowers
- Chair, National Advisory Council for Environmental Policy
and Technology (NACEPT)
Because NACEPT represents a cross section of people with broad
expertise, we were asked to look at how US EPA might envision
the future of environmental protection. Many of our recommendations
to EPA have relevance to the environmental future of New Jersey.
One of the key ideas in the NACEPT report was that population
and demographics are forces in all environmental issues since
they drive consumption of natural resources.

It is important for New Jersey's leaders to emphasize sustainable
development for the State. Supporting "Smart Growth"
by redeveloping older cities that have infrastructure is one
of the ways to support the environment. Superior technologies
also contribute to sustainability. For instance, new LEV vehicles
in New Jersey will certainly reduce air pollution. Using the
GIS for mapping and planning is another technological advance
put to good environmental use. The development and use of renewable
energy sources are also critical to our environmental future.
Hopefully, we will see the day when hydrogen becomes a principal
energy source.

New Jersey also needs to look at water supply and water quality
as the same problem. Watershed protection in the State Plan
is critical to appropriate growth. It is also important to emphasize
biodiversity and to work to preserve it. A major problem in
New Jersey involves invasive species. The State will need to
work to prevent such species from wiping out indigenous plants
and animals.

The development of efficient technologies for controlling air
pollution, the use of the GIS for watershed mapping and tree
cover assessment, Cumulative Risk Assessment and product stewardship
are all new innovations that need to be incorporated into New
Jersey's air quality program.Return to top of
page

Carlos Rodrigues
- Director - Department of Community Affairs, Office of State
Planning
The State Plan should be the bellwether for growth in New Jersey.
The State has had a state plan since 1934 with revisions in
the 1950s and 1970. The disbursement of the population after
WW II was disastrous for state growth. This development was
characterized as sprawl, low density, single-family use. This
kind of growth increased pollution. This State's best interest
would be served by compact development where people can use
mass transit and can walk or bicycle locally. This is called
"Smart Growth."

There is science behind this kind of growth. The benefits from
compact mixed development are many. People are four times more
likely to walk to stores and businesses with compact development.
People drive 40 to 50% less miles per day and have 50% less
vehicle trips.

The current State Plan is not a technological fix, but focuses
on the pattern of development. Earlier State Plans focused on
pollution from stationary sources; this plan focuses on mobile
sources. The greater the disbursement of population the greater
the air pollution. Studies have shown that development of transit-friendly
forms in traditional compact neighborhoods change the way people
travel.

The alarming increase in obesity statewide has something to
do with development patterns. New Jerseyans walk less. There
are 1.3 million kids in public school and ½ are bused
by 20,000 school buses costing the State $280 million per year.
Scores more are transported by parents or nannies. Land development
patterns have caused this increased air pollution. Land development
influences behavior. Compact development would have kids walking
to school again. However, it took us 50 years to get to this
point and it will take time to undo the harm.

New Jersey has a very extensive train rail network, although
some of it has been abandoned. However, the old 19th century
spoke and hub model needs to be adapted to today's needs. On
demand smaller vehicles for this more dispersed population should
be provided by the State. We need renewed interest in the value
of the old infrastructure in order to see cities like Camden
come back. Housing and jobs are returning to places that would
qualify as centers under the State Plan. Return
to top of page

Frank Sherman,
AIA - Hillier Associate LEED (Leadership in Energy and Environmental
Design) Program
It is estimated that 25% of all preventable ill health in the
world results from poor environmental quality. More than 17
million Americans suffer from asthma and respiratory illnesses
and 4.8 million of them are children.

Economic and environmental well being are inseparable. Our
economic strength is tied to the wise use of natural resources.
The economic future in New Jersey needs to be based on sustainability.
Sustainable development is the use of natural resources in a
way that meets our needs today without depleting those resources
and without hindering the ability of future generations to meet
their needs. This is not a simple challenge for New Jersey.

LEED is a program that supports the construction of environmentally
sound buildings. Green buildings will need to become a part
of a balance between economic growth and natural resource preservation.
Commercial buildings in the US consume more than 36% of all
primary energy usage and 65% of the total US electricity consumption.
These buildings use 12% of all the potable water in the US and
40% of all raw materials globally. Waste is not a problem when
natural resources are ample. In nature waste becomes the food
for another organism. Humans need to begin to look at pollution
as a design failure. If it can't be sold, we shouldn't produce
it and should design it out of the process.

From the perspective of human health, indoor air quality may
well pose the greatest environmental risk. This exposure comes
from off gassing from carpets and furniture, sunlight falling
on plastics and other materials, construction products, cleaning
products, office machines, mildew and molds, and a variety of
other sources. Currently, one of the most effective ways of
improving air quality in commercial and public buildings is
through the US Green Building Council's LEED Green Building
Rating System. LEED is organized into five environmental categories.
The LEED system evaluates sustainable sites, water efficiency,
energy and atmosphere, materials and resources and indoor environmental
quality. Improving indoor air quality through careful design
specification is achievable and necessary.

My primary recommendation here today is that New Jersey study
and consider adopting the LEED Green Building Rating System
as the performance standard for all State funded public building
projects, and as an incentive for private development throughout
the State.

The LEED program has created higher baseline standards for
buildings than state codes provide. The new urbanist movement
for traditional towns and sustainable development also focuses
on development in areas that preserve open space. This is "Smart
Growth" planning in concert with New Jersey's State Plan.Return
to top of page

William Baker -
EPA, Air Senior Policy Advisor
EPA's innovations in its air program have included lead phase-down,
acid rain program, ozone transport and national LEV program.
These have been great achievements. EPA tries to problem solve,
not just implement old programs. EPA adopts new programs as
the economy changes and technology improves.
EPA's most innovative programs are in the areas of market-based
regulation, partnership programs and voluntary programs. Energy
Star is a good example of a voluntary program that has worked
well. The Green Vehicle labeling program is another example
of a successful new EPA program.

Our current activities include a new program for green airports.
Ground operations at these facilities are great sources of air
pollution. We are also initiating a "Clear Skies"
program in order to reduce the SO2 and NOx emissions from power
plants. This is an attempt to update the Clear Air Act Amendments
of 1990. Another innovation is the adoption of General Permits
or Self-Certification. EPA will do random checks and audits
to make sure things are done properly. But, Self-Certification
allows for a lot more compliance, more rapidly.Return
to top of page

Councilwoman Alison
Miller, West Windsor Township - Representative of League of
Municipalities
All of New Jersey's 566 municipalities are members of the League
of Municipalities, which is a non-profit association of local
governments in New Jersey. The League's annual convention in
Atlantic City is the largest annual municipal conference in
the US. The League has undeservedly obtained a reputation as
an entity opposing the State Plan. In fact, the League supports
the goals and objectives of the State Plan; they support the
inclusionary dialogue that is the cross-acceptance process.
On the other hand, the League does not support attempts to mandate
the Plan, to erode home rule and to take away land-use decisions
from those who live in our communities.

An example of the State Plan working is the effectiveness of
the new light rail lines in Northern New Jersey; the award-winning
Hudson Bergen Light Rail, serving about 8,750 passengers per
day, and the Newark City subway system, with about 14,000 passengers
per day. These projects have succeeded in getting some people
to switch transportation modes and reduce air pollution.

However, the State Plan also seeks to concentrate growth into
high-intensity, mixed-use areas, the so-called newer suburbs,
the places where development pressure is greatest. Retrofitting
the existing development into a new pattern does not seem possible.
There are a lot of people who like sprawl. They choose to live
auto-dependent lives in large-lot, single-family homes. They
don't want mixed use. Many of them are two-earner families who
have chosen to locate midway between the two jobs. Many of them
expect to change jobs frequently, so a walk to work is not a
big part of their location decision.

The town of West Windsor is an example of a municipality that
has many problems trying to comply with the State Plan. Light
rail is suggested, however, we do not have sufficient density
to support light rail. We do have enough density to produce
massive traffic congestion. The State Plan classified the Route
1 Corridor as a regional growth center and this is causing problems
for a town that is already burdened with commuter traffic and
over development. The State Plan is recommending mixed use,
but we are finding it problematic for our town. One size fits
all is not sensible planning and West Windsor, for one, needs
more autonomy.

If the State Plan is to succeed, it will take funding of infrastructure
improvements. It will take adherence to tougher and more expensive
pollution standards. It will take the best efforts of housing
advocates and growth advocates and preservation advocates. It
will take the cooperation of private and public sectors, and
it will take an unprecedented level of commitment at all levels
of government, local, state and federal. Return
to top of page

Joseph Della Fave
- Ironbound Community Corporation Executive Director
The clean air problems in the Ironbound district of Newark are
severe. Our area is 1 ¼ square miles housing 50,000 people.
We are surrounded by highways, chemical industries and trucking
concerns. We house New Jersey's largest incinerator and a major
contaminated site. There is extensive traffic and parking congestion
within our community. We are close to the airport. There is
only ½ acre of open space for each 2,000 people; the
national average is 7 ½ acres per 1000 people.

50% of our poorest families have children who have asthma and
the number one cause of hospital admission and school absences
in the Ironbound area is asthma. There are two public parks
that have been closed for a number of years because of contamination.
Development of Brownfields has just resulted in capping the
pollution and this leaves the community with unmitigated pollution.

We need ways to mitigate air pollution. We believe that State
support for mass transit would reduce the traffic and truck
problems. Subsidizing both passenger and freight transportation
would help. The Ironbound Section needs a reduction in truck
traffic, the enforcement of factory emissions and massive tree
planting. We need the State to rid this area of transfer stations
and provide funding for urban parks and green corridors throughout
the community. We are asking the Clean Air Council to help.
We are looking for environmental justice for an area of New
Jersey that has experienced a decline in the quality of life
from pollution.Return to top of page

Steve Flint - NY
Department of Environmental Conservation, Chief of Light &
Heavy Duty Vehicles Section, Bureau of Mobile Sources, Division
of Air ResourcesLike New Jersey, New York also faces problems with reducing
air pollutants. Metropolitan New York is a non-attainment area
for ozone. We have adopted a wide range of controls from permitting
smokestacks to Stage II vapor recovery to I/M vehicle programs.
As we have learned more about the impact of toxics on the respiratory
system and understand the growing inventory of mobile emissions,
New York has opted to push auto technology as the major impetus
for reduced emissions. That is why we adopted the LEV II program
in the early 1990s. Even though we have had litigation, we are
still committed to implementing a California program in New
York.

Back in 1994, the Ozone Transport Commission called for implementation
of the California LEV program region-wide. This led to the auto
industry working out a National LEV program with EPA. Even though
EPA has the Tier II program, New York opted for the stricter
California program because of our air problems. These advancements
have led to onboard diagnostics (OBD), which measure small changes
in operating parameters, which can cause a change in emissions.
Cars are routinely meeting ultra low emission standards which
is an 84 percent reduction in hydrocarbon emissions compared
to the federal Tier 1 level which was the rule 10 years ago.

One of the elements of the LEV II program is the declining
fleet average which requires the overall sales fleet of each
manufacturer to be cleaner each following year. As a result,
new emission control technology is evolving from a few smaller
cars into broader application over the entire fleet.

When the Ultra Low Emission Vehicle was developed in the early
1990s, it was doubtful that it would be technically or economically
feasible. But, by 1997 the first Ultra Low Emission Vehicle
certifications were being sold and ULEV technology is now almost
30 to 40 percent of the sales fleet. By the end of this decade,
eight years from now, the required fleet average will be ULEV
or cleaner.

Under the LEV II program, the six largest manufacturers are
required to sell a specific portion of their fleet as Zero Emission
Vehicles. Currently, that means battery electric vehicles. Under
the more recent programs, California has also established a
credit mechanism so that certain exceptionally clean vehicles
can also receive ZEV credit, and other advanced technology vehicles,
such as hybrid electric vehicles, can also receive credit as
partial Zero Emission Vehicles - or PZEVs. These cars will require
a 150,000-mile warranty.

Manufacturers are already responding to the PZEV market. Honda
markets a natural gas-fueled vehicle and Nissan has a conventional
gasoline-fueled vehicle not available in the Northeast because
our fuel is not as clean as California's. Many certified PZEVs
will be hybrids. In New York the Alternative Compliance Option
will make it possible for more vehicles to qualify as PZEVs.

Our progress in the area of heavy-duty vehicles has been impressive.
We are now using continuous regenerating technology particulate
traps on all NY transit buses. NYC will now be retrofitting
the entire diesel fleet. This creates a 50% reduction in hydrocarbons.
There is now a plan to retrofit school buses with similar technology.

We think technological developments will be incremental in
nature, building upon one another to effect clean air. Return
to top of page

Steve Bauman -
Jersey Central Power & Light, Senior Project Consultant
Energy efficiency is one of the keys to reducing air pollution
in New Jersey. That's why we support New Jersey Clean Energy.
This involves residential, commercial and industrial services.
We provide rebates for wind power, fuel cells and biomass. These
new technologies introduced by the energy companies have helped
to conserve energy. Utility bill rebates for energy efficiency
is one way we encourage conservation.

Another program is New Jersey's SmartStart Buildings. We pay
a design team to build an energy-efficient building. We pay
for brainstorming energy and the incremental design costs. If
a building has a 40 year life span and 50 percent of the cost
is operation and maintenance and only 11 percent is initial
cost, there is significant payback in a life-cycle of that building.

It is for this reason that we are supporting the GeoExchange
technology, which uses the earth as a heat source and a heat
sink. Electricity moves this heat in both directions. There
is up to 47% savings in energy in these systems. JCPL is encouraging
these retrofits. This represents the lowest life-cycle cost
even though the initial cost is slightly higher.

We recommend that the Council continue to support ratepayer
funded utility rebate programs. Return to top
of page

Robert Campbell
- NJ Sierra Club
The NJ DEP Bureau of Air Monitoring in their last four Air Quality
Reports stated that "Ozone and particulates are NJ's two
most pervasive air quality problems and more measures are needed
to ensure health standards." Years go by and we still have
not taken those "measures." Since motor vehicles contribute
nearly half of all pollutants that cause ozone, controlling
the emissions from motor vehicles is critical to achieving clean
air in New Jersey.

Because of the popularity of SUVs, minivans and small trucks,
reductions in mobile emissions have been further diminished.
For the first time ever, SUV's, light trucks and vans accounted
for more than 50 percent of all vehicles sold in 2001.

In January of 2000 the Massachusetts Department of Environmental
Protection announced that the State would be adopting the California
LEV II standards for tailpipe emissions. These standards would
apply the same emissions requirement of passenger vehicles to
SUVs and light trucks beginning in the year 2003. In November
of 2000 New York State adopted similar regulations, as did Vermont.

The failure last month of the US Senate to approve an increase
in the CAFÉ (Corporate Average Fuel Economy) standards
means that only one opportunity remains for New Jersey to significantly
reduce the health problems in New Jersey. We need to act now
to reduce the mobile emissions of vehicles registered in the
State and protect the health of 8.4 million residents. New Jersey
has an obligation to protect the health of its population.

Therefore, the Clean Air Council needs to work for the adoption
of Senate Bill 121 and Assembly Bill 409, calling for New Jersey
to adopt a more stringent California Low Emission Vehicle, LEV
II, regulations for vehicles sold in New Jersey beginning in
the year 2006. Return to top of page

Jeff Tittle -
NJ Sierra Club
Billions of dollars have been spent by the State over the last
30 years in order to curb air pollution. However, the quality
of New Jersey's air is still substandard. We still have a serious
problem.

Our Title V Permit Program is very problematic. Only about
30% of the facilities are permitted. We also need to speed up
the Title V permitting. New York is at 70% permitted and Pennsylvania
79% permitted for the same kind of facilities. There needs to
be better performance and coordination at the air enforcement
division at DEP.

The BPU needs to look at air quality when it looks at energy.
Likewise, the DOT (Department of Transportation) needs to be
concerned with New Jersey's air quality instead of purchasing
diesel buses with no retrofits. NJ Transit and the Department
of Commerce should also coordinate clean air incentives. All
branches of government must be concerned with the health of
residents.

The introduction of the California Car to New Jersey would
make a difference in the fleet and a trip reduction program
might reduce VMT. Businesses could use LEVs to transport employees
to work cutting down on parking spaces and the need for two-car
families.

Encouraging the use of electric lawn mowers will cut down on
air pollution. Also, the use of two-cycle engines on motorcycles,
jet skis and boats needs to be regulated. We need to look at
smart highways to try to move cars faster and more efficiently.
Return to top of page

Travis Madsen
- NJ PIRG (Public Interest Research Group)
We hope the Clean Air Council will recommend innovative ways
of reducing the levels of smog and cancer-causing toxics in
our air. With a 2007 deadline for northern New Jersey to meet
the decades-old public health standards for smog and a tougher
88 ppb standard for air toxics, New Jersey needs to be more
aggressive about air quality.

New Jersey's air quality is so bad that about 95% of state
residents breathe unhealthy air throughout the summer. We made
progress, but then it bottomed out in 1994, 8 years ago. So,
we need to make significant improvements in air quality.

The VMT in New Jersey in the last 30 years increased at a rate
three times faster than population growth. Also, the recent
EPA modeling data for hazardous air pollutants (HAPS) in New
Jersey showed that our residents are exposed to higher levels
of toxic chemicals in outdoor air than any other state but New
York. The average cancer risk for New Jerseyans is one thousand
times higher than the goal set in the 1990 amendments to the
CAA.

Because we have had no significant improvement in ozone exceedences
since 1994, we have increases in asthma and respiratory illnesses.
Our air quality will never be improved unless New Jersey takes
the following steps:

1. New Jersey should adopt the California LEV II program. Since
California, New York, Massachusetts and Vermont have already
adopted this standard, New Jersey has data to rely on and car
manufacturers are working with those states.

2. New Jersey should adopt a policy of "Smart Growth,"
by working to lower VMT and by promoting mass transit and renewable
energy.

Most of New Jersey's health risk stems from diesel particulates
and benzene from gasoline, 88 % coming from mobile sources.
A recent 20-year study now shows that smog actually causes asthma.
This makes it necessary to curb air pollution from cars in New
Jersey. We need to join Massachusetts, Vermont and New York
in adopting the California standards and work toward cleaning
up the air. This will accomplish three things:

1. It will strengthen emission standards for all new cars.

2. It will promote a transition to low-emission technology

3. It will lessen our dependence on foreign oil.

It is estimated that emissions will be 20% less in 2020 if
New Jersey adopts the LEV II program than if the State stays
with the federal program. In addition, improving transit-friendly
design, energy efficient buildings, urban redevelopment and
reducing VMT will all contribute to reducing air pollution.Return
to top of page

Stephen Paul - Princeton
University
Alternative sources of energy that are clean and renewable should
be an innovation embraced in New Jersey in order to improve
air quality. Making us more energy independent is also important
for our safety as a nation. There is an alternative fuel that
is renewable and cleaner than petroleum-derived fuel. It was
introduced in 1999 to the Department of Energy.

Currently, there are cars on the road that can utilize alternative
fuel, such as the Taurus, the Ranger, the Voyager and the Caravan.
These are called flexible fuel alternative vehicles and they
can run on alternative fuels. The benefits of these vehicles
has not been realized in this part of the country because they
were designed to run on ethanol, which is only available in
the Midwest. Unfortunately, there is no infrastructure for ethanol
in the East.

However, the new fuel that we have synthesized is made out
of materials that are available and renewable and this is critical
to the success of our fuel. We can turn paper, agricultural
waste, food waste and wood waste into fuel components. We also
use hemicellulosic biomass, which is a large part of corncob
that has not been transformed into ethanol. There is a lot of
wood and cellulose waste so the fuel can be made locally. This
is a liquid fuel that mixes with gasoline so it does not require
development of a huge infrastructure. It mixes freely with gasoline
so there are no complicated fuel management issues.

The emissions reductions are quite substantial with this fuel.
It is made from over 60% renewable sources and 100% non-petroleum
sources. It is essentially sulfur-free and has an oxygen content
19% higher than oxygenated fuels. This fuel can create a 49%
decrease in non-methane hydrocarbons and 24% decrease in carbon
monoxide. The State fleet could use this fuel if they were able
to use alternative fuels.

Currently, this fuel is being used in Philadelphia on a trial
basis. There is some reluctance on the part of investors to
make this commercially available until they know there is a
market. If the State of New Jersey adopted this for the State
fleet, it would become more feasible for the public. This fuel
could then become more widespread and help to reduce air pollution
in the State. DOT should be contacted and encouraged to use
this fuel, producing substantial environmental benefits. Return
to top of page

James Curry - Environmental
Education Fund Associate
There are two areas where a consensus is evident. Transportation
and power generation are critical areas for air pollution reduction.

The current argument against the LEV II car is that the cost
risk benefit is not there. In fact, the California Air Resources
Board put out a study in 2000 that concluded that LEV II standards
would cost only about $70.00 to implement for a passenger car,
and about $200.00 for a light truck or SUV. These costs are
inconsequential when the cost to public health is considered.
Reducing air pollution will reduce asthma and respiratory illness.

In the area of power generation, New Jersey residents have
limited choices for clean power. There are only a few thousand
New Jerseyans with Green Mountain Energy, a clean energy provider.
Much of this power comes from wind, solar energy and hydropower.
Residents need to be better informed about this option.

In 1999 a renewable energy program was implemented allotting
$350 million over the next four years for renewable energy projects.
This is not tax money but comes from a fraction of a cent per
kilowatt-hour charge in utility bills. This program can help
the homeowner and the business owner to purchase energy power
sources like solar panels and wind power by defraying up to
60 percent of the costs, both for equipment and installation.
This year through proposals and actual projects there are 2.5
megawatts of new and proposed solar photovoltaic power installations,
enough to power 1,250 homes.

The program needs some fine-tuning. For instance, there are
caps on the amount of power that can be sold back to the utility,
which could be a roadblock for development. A recently installed
55 kilowatt solar panel array at the vocational school in Kearney
could only sell back power at 10 kilowatts or less because of
their category. This is a regulation that needs to be changed.

Another problem in New Jersey is administrative. There is a
staff member at each of the seven utilities charged with creating
regulations and administering the program funds. In other states
like New York, the mandate for managing the fund has been handled
much more efficiently by an independent statewide administrator.

New Jersey and other states in the Northeast must continue
to pursue all available options to force power plants to reduce
their emissions. We're proud of our State's efforts in the area
but dismayed by the federal government's proposed roll-back
of regulations governing these plants.

These transportation and energy programs represent important
steps in the ongoing process to reduce air pollution in New
Jersey. Studies show that it is profitable for the State to
use renewable energy because per kWH produced, renewable energy
creates more jobs than fossil fuel energy. It is predicted that
with the modest increases in renewable power use, New Jersey
could see a net gain of 20,200 jobs by the year 2010. Return
to top of page

Marie Curtis -
Director NJ Environmental Lobby
The California Car program is now ten years old and it has been
very successful. During that time electric hybrids have been
developed and are selling fast. However, New Jersey has still
not adopted these new technologies to clean up the air. All
of the evidence suggests that controlling mobile sources is
the only way we will ever meet Clean Air Standards. We need
to adopt the LEV phase II now.

Two-stroke engines that are used on jet skis and lawn mowers
can emit the equivalent of the pollution from 100 cars in just
one hour of use. However, thanks to California's standard, there
have also been technological advances in the form of four-stroke,
less polluting engines. The health consequences of items like
ATVs, (All Terrain Vehicles) leaf blowers, boats and motorcycles
is known and these areas should be controlled, especially on
high ozone days. The government needs to set an example. State,
County and Municipal grounds should be maintained with non-polluting
machines.

There should also be rebates for the purchase of alternative
fuel vehicles and assistance in establishing an infrastructure
that allows the refueling of compressed natural gas or electric
vehicles. The State should work with firms developing alternative
sources like Millennium Cell in Eatontown and H-Power in Belleville.
Fuel cells already power homes and businesses in Northern Canada
where power lines cannot reach. The power of the waves has also
been harnessed off the coast of New Jersey in a Navy experiment.
There was enough power generated in an uninterrupted fashion
for 12 months to provide power for 240 homes. However, after
the experiment, there was no follow-up. Canadians have developed
a blue energy underwater rotor that harnesses the power in the
tides. It is safe enough that fish can swim around it with no
discernible environmental impact.

We cannot continue to rely on fossil fuels. That road has led
to foreign policy dictated by oil dependency in addition to
polluting our air and threatening our health. Now is the time
to move ahead with an increased renewable standard in our State
energy policy. Return to top of page

Jane Tousman
- Sierra Club
Much of our air pollution comes from problems growing out of
our land use in New Jersey. Suburban sprawl has caused incredible
traffic congestion. It should be required by the Municipal Land
Use Law that Master Plans have circulation plans in order to
address the traffic congestion that creates a lot of air quality
issues.

Also, there are counties that do not participate in the County
Environmental Health Act (CEHA). There should be monitoring
of the monies spent by CEHA and the emphasis should be placed
on clean air. The counties need to be involved in traffic planning
as a health issue.

Finally, the issue of educating the public needs to be addressed
by the Clean Air Council. The recent defeat of the federal CAFÉ
standards is an example of ignorance among the voters regarding
the importance of clean air. Educating the residents of New
Jersey about clean air and health issues is critical to getting
legislation passed. Return to top of page

Alice Gitchell
- Project Administrator, Stockton College Geothermal Project
Stockton State College has had a very positive experience with
geothermal buildings on our campus. I believe our experience
can be applied to the New Jersey School Facilities Construction
Program, which is the largest public works
program that the State has undertaken in many years.

Geothermal technology is not only cleaner energy, but cheaper
energy in the long term. Geothermal is a technology which allows
heat to be taken from the ground in order to warm buildings.
It also allows unwanted heat to be put into the ground during
the air-conditioning season. In nature, a few feet below the
ground's surface, the temperature is 55 degrees Fahrenheit all
year round. This makes a great deal of heat available. However,
heat and temperature are not the same thing; therefore, in order
to regulate temperature within a building, a heat pump similar
to that used in a household refrigerator allows the separation
of hot from cold and the ability to direct the heat or cold
throughout the building.

The exchange of heat between building and ground is accomplished
through the use of a bore hole heat exchange field. The piping
has water that circulates with heat in the ground. This is simple
technology, basically instead of heating a building by using
fuel, it heats a building by taking the heat out of the ground
and moving it around through the use of electricity which pumps
the water through the loop and moves the air around in the building.

Most of the college classrooms and office space at Stockton
State is heated and cooled geothermally. This project was not
installed when the college was built in 1970, but in 1990 when
it was obvious that the 20-year old heating and cooling
system of the college would require an upgrade.

Stockton's retrofit is very large. It has 1,600 tons of cooling
capacity. Our geothermal bore hole field is under one of the
parking lots, a little over three acres. There are 400 bore
holes, 425 feet deep, which are closed loops so the water that
circulates at 4000 gallons per minute through the system does
not touch the groundwater. Inside the building, heat pumps take
water and either extract heat or release heat depending on the
season.

The savings at Stockton have amounted to about $300,000.00
per year in fuel costs. Carbon dioxide emissions dropped by
13% and nitrates and sulfates were also reduced.

There are 420 buildings in the Abbott Districts in the State
that are scheduled to be replaced or renovated. Newark needs
40 new schools and 30 major renovations that represents 204,000
tons of cooling capacity. If done geothermally it could save
15,000 to 30,000 tons of carbon dioxide per year. It will be
important for the State to look at the life-cycle costs in order
to save energy and reduce air pollution. As regards solar, it
is six times more expensive than geothermal. Return
to top of page

Rhesa Ramdeen
- Stockton College Geothermal Project
New Jersey has the greatest population density in the nation
and suburban sprawl has increased air pollution because New
Jerseyans have to drive everywhere. Recently Congress failed
to pass new CAFE standards, which would have increased gas mileage
on new cars.

More effective public transportation is one answer. Currently,
New Jersey buses are unreliable, dirty and slow. Making public
transportation more available and providing comfort, safety
and cleanliness in waiting areas would increase ridership. This
would require an increase in funding for public transportation.
New buses should have clean fuel technology. As improvements
are made in LEV vehicles, New Jersey buses should be updated.Return
to top of page

Michael Napoli
- Stockton State College - Water Watch
We need to learn from past pollution disasters. Developing and
adopting alternative fuel vehicles is important for clean air.
In Chicago, five years ago, three hydrogen-fueled buses were
purchased at considerable expense. However, zero emissions buses
in a polluted city were worth it.

Currently, Arkansas, California, Arizona, Maine, Maryland,
Massachusetts, New Mexico, Ohio, Oregon, and Rhode Island have
all instituted alternative fuel benefits in the form of tax
exemptions. New Jersey with our growing density needs to adopt
something similar. Low emission vehicles for mass transportation
needs to be a priority.Return to top of page

Written Testimony

Pamela G. Frank - Executive Director
Partners for Environmental quality
PEQ is an interfaith coalition representing religious faiths
and denominations in New Jersey working for environmental stewardship
and justice.

The US and other developed nations emit more greenhouse gases
and other pollutants. Justice and stewardship require that that
we reduce our energy usage. Using energy more efficiently and
developing renewable technologies are necessary if we are to
mitigate climate change.

We believe that conservation and cleaner technologies will
protect the health of New Jerseyans. The State needs to set
an example of conservation and innovation.Return
to top of page